The petitioner and the first respondent were contestants for the Bindura South house of assembly constituency in the March 29 harmonised elections. The petitioner was ZANU (PF’s) candidate. The first respondent was MDC Tsvangirai’s candidate. The first respondent won the election. The petitioner is challenging the first respondent’s election. The second respondent was responsible for the running of the elections and is being sued in that capacity. At the hearing of the preliminary issues the petitioner withdrew against the second respondent. I will therefore refer to the first respondent as the respondent as he is now the only respondent in... More
This is an opposed chamber application for condonation for non-compliance with r 55 (5) of the Supreme Court Rules 2018, and the reinstatement of the applicants’ appeal under SC 219/23 which was by operation of law deemed abandoned and dismissed in terms of r 55 (6). The reinstatement is being sought in terms of r 70 (2) of the; afore-said rules. More
The applicant in this matter seeks an order for the transfer of certain shares in First Mutual Limited (FML) from the respondents to the applicant. It also seeks a declaratory order to the effect, inter alia, that its tender of $15.6 billion to the 1st respondent in November 2005 was proper and valid and that it fully extinguished its indebtedness to the respondents and to ENG Capital (Private) Limited (ENG). More
This matter was argued for the purpose of determination of the costs to be paid to the respondents consequent upon withdrawal of the application. The notice of withdrawal of the application which was filed on behalf of the applicant on 16 February 2018 tendered costs on the ordinary scale. The respondents rejected the tender of costs on the ordinary scale. They reacted to the notice of withdrawal by filing supplementary heads of argument. The respondents sought costs on the attorney-client scale against the National Social Security Authority which they argued is the “effective litigant” in the application. Alternatively, costs were... More
This is an application in which an order is sought for the setting aside of the relief granted in case number HC5257/11 on 15 July 2013. The applicants also seek the leave of this court, to file opposing papers to the chamber application filed by the respondent under the aforementioned case number. Applicants seek an order that the respondent pay costs on a legal practitioner client scale. This case will turn on the meaning, at law, of the phrase ‘in the absence of one of the parties’, for purposes of interpreting the provisions of r 449 of the rules of... More
